Couple convicted for kidnapping daughter from adoptive parents

As per court records, the girl’s adoptive father stated that he took in the daughter of the accused persons when she was 20 days old, and was “looking after the adopted child with all love and affection”.

A Delhi court has convicted a couple on allegations that they kidnapped their biological daughter when she was five years old from her adoptive parents. The girl told the court that she was beaten up by her adoptive parents and not provided food or education.

Metropolitan Magistrate Balwinder Singh, in his judgment, convicted her biological parents under sections of kidnapping and common intention of the IPC and observed, “Even if it is presumed that the contentions levelled by the accused persons that (their) daughter was ill-treated by the complainant (the girl’s adoptive father) are true, then also accused persons were expected to follow due course of law to take action against the complainant… and to get back custody of their daughter legally.”

The court added, “(Based on) failure on part of accused persons to prove that it was only for the purpose of treatment of the child, that too in good faith, the case of the complainant stands successfully proved against the accused persons beyond all reasonable doubt.”

As per court records, the girl’s adoptive father stated that he took in the daughter of the accused persons when she was 20 days old, and was “looking after the adopted child with all love and affection”.

He alleged that a family dispute arose between the complainant and accused, due to which they “tried to kill” him.

A case was also registered regarding the matter at a police station in East Delhi.

The complainant further alleged that on May 20, 2008, the accused trespassed into his property with a view to persuade him to withdraw his cases. When he refused, they started threatening him, the complainant alleged.

“The complainant was taken to police station where he was detained for several hours and was released at about 11 pm. Thereafter, when he reached his house, he was informed by his mother that at about 5 pm, his adopted daughter was forcibly taken/kidnapped by the accused persons when she had gone outside to purchase some eatables,” the judgment said.

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The two accused, during their deposition, told the court that they met their daughter after adoption for around two years but were not allowed to meet her thereafter.

They further stated that the “complainant did not take proper care of the child and used to torture her”.

As per both the accused, on the day of the alleged incident, they took their daughter to a doctor after being informed that she was unwell, and then took her to their home.The girl told the court that she wanted to live with her parents.

The court was of the view that the couple could not prove that they indeed took their daughter to the hospital, since no doctor was examined.

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